[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 45053-45055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17615]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; N-83621; 8-08807; TAS:14X5232]


Notice of Realty Action: Direct Sale of Public Lands in Clark 
County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) proposes to offer by non-
competitive sale one parcel of land in northwest Las Vegas, Nevada 
totaling approximately 5.19 acres to Nevada Power Company (NPC). This 
land has been examined and found suitable for disposal utilizing direct 
sale procedures. The authority for the sale is under Sections 203 and 
209 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 
U.S.C. 1713 and 1719, respectively, and BLM land sale and mineral 
conveyance regulations at 43 CFR 2710 and 2720.

DATES: Written comments regarding the proposed sale or the 
environmental assessment (EA) will be accepted until September 15, 
2008.

ADDRESSES: Mail written comments to the BLM Field Manager, Las Vegas 
Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Manuela Johnson at (702) 515-5224.

SUPPLEMENTARY INFORMATION: The following described land, parcel N-
83621, is located in North Las Vegas at the northeast corner of Grand 
Teton Drive and Aliante Parkway. The parcel is legally described as:

Mount Diablo Meridian, Nevada

T. 19 S., R. 61 E.,
    Sec. 8, portion of lot 13 (N1/2SW1/4 of lot 13).

    The area described contains 5.19 acres, more or less.

    This parcel of land is offered for sale to NPC at no less than the 
fair market value (FMV) of $467,000 as determined by the authorized 
officer. An appraisal report has been prepared by a state certified 
appraiser for the purposes of establishing FMV.
    This sale is in conformance with the Las Vegas Resource Management 
Plan (RMP), approved October 5, 1998. BLM has determined that the 
proposed action conforms to the land use plan decision, LD-1, in that 
RMP. The land contains no other known public values. The parcel has not 
been identified for transfer to the State or any other local government 
or non-profit organization. The EA, master title plat, map, and 
approved appraisal report for the proposed sale are available for 
review at the Las Vegas Field Office.
    A direct sale (without competition) may be used when, in the 
opinion of the authorized officer, a competitive sale is not 
appropriate and the public interest would best be served by direct 
sale. Examples include, but are not limited to: (1) A tract identified 
for sale that is an integral part of a project of public importance and 
speculative bidding would jeopardize a timely completion and economic 
viability of the project; and (2) there is a need to recognize an 
authorized use such as an existing business which could suffer a 
substantial economic loss if the tract were purchased by other than the 
authorized user.
    An existing NPC authorized site-type right-of-way, N-76305, known 
as the Grand Teton substation encumbers the entire sale parcel. This 
substation lies in the northwestern portion of Government Lot 13 and 
provides support for the community and its continued development in 
North Las Vegas and Clark County. This substation contributes an 
essential service to the neighboring area and its surroundings. The 
substation consists of transformers, insulators, busses, switches, 
breakers, and distribution feeders. It generates power and electrical 
energy for use in a one-mile radius. The proponent proposes to 
construct a concrete wall along the perimeter of the substation.
    The sale parcel was analyzed in the ``Las Vegas Land Disposal 
Boundary Environmental Impact Statement,'' approved December 23, 2004 
(EIS), which is available for public review at the Las Vegas Field 
Office. The parcel was analyzed in an EA for this sale, which tiers to 
the EIS.
    Certain minerals for this parcel will be reserved to the United 
States in accordance with BLM approved Mineral Potential Report, dated 
October 5, 2006. Information pertaining to the reservation of minerals 
specific to the parcel is located in the case file and available for 
review at the Las Vegas Field Office.
    Terms and Conditions of Sale: The patent issued would contain the 
following numbered reservations, covenants, terms and conditions:
    1. All oil and gas and saleable minerals are reserved to the United 
States, its permittees, licensees and lessees, together with the right 
to prospect for, mine, and remove the minerals under applicable law and 
such regulations as the Secretary of the Interior may prescribe, along 
with all necessary access and exit;
    2. A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945);
    3. The parcel is subject to valid existing rights;
    4. Those rights for fiber optic line purposes which have been 
granted to Nevada Power Co., its successors and assigns, by right-of-
way No. N-76304, pursuant to the Act of October 21, 1976 (43 U.S.C. 
1761);
    5. Those rights for substation, transmission line and access road 
purposes which have been granted to Nevada Power Co., its successors 
and assigns, by right-of-way No. N-76305, pursuant to the Act of 
February 15, 1901 (43 U.S.C. 959);
    6. Those rights for road, utility and drainage purposes which have 
been granted to the City of North Las Vegas, its successors and 
assigns, by right-of-way No. N-76357, pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761);
    7. Those rights for underground water pipeline purposes which have 
been granted to Southern Nevada Water

[[Page 45054]]

Authority, its successors and assigns, by right-of-way No. N-66225, 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    8. Those rights for underground telephone facilities purposes which 
have been granted to Central Telephone Company, its successors and 
assigns, by right-of-way No. N-77675, pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761);
    9. By accepting this patent, the patentee agrees to indemnify, 
defend and hold the United States harmless from any costs, damages, 
claims, causes of action, penalties, fines, liabilities, and judgments 
of any kind or nature arising from the past, present, and future acts 
or omissions of the patentee, its employees, agents, contractors, or 
lessees, or any third-party, arising out of, or in connection with, the 
patentees use, occupancy, or operations on the patented real property. 
This indemnification and hold harmless agreement includes, but is not 
limited to, acts and omissions of the patentee, its employees, agents, 
contractors, or lessees, or third party arising out of or in connection 
with the use and/or occupancy of the patented real property resulting 
in: (1) Violations of federal, state, and local laws and regulations 
applicable to the real property; (2) Judgments, claims or demands of 
any kind assessed against the United States; (3) Costs, expenses, 
damages of any kind incurred by the United States; (4) Other releases 
or threatened releases on, into or under land, property and other 
interests of the United States by solid or hazardous waste(s) and/or 
hazardous substances(s), as defined by federal or state environmental 
laws; (5) Other activities by which solid or hazardous substances or 
wastes, as defined by federal and state environmental laws were 
generated, released, stored, used or otherwise disposed of on the 
patented real property, and any cleanup response, remedial action, or 
other actions related in any manner to said solid or hazardous 
substances or wastes; (6) Or natural resource damages as defined by 
federal and state law. This covenant shall be construed as running with 
the patented real property, and may be enforced by the United States in 
a court of competent jurisdiction; and
    10. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9620(h) (CERCLA), as amended by the Superfund Amendments 
and Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given 
that the above-described lands have been examined and no evidence was 
found to indicate that any hazardous substances have been stored for 
one year or more, nor had any hazardous substances been disposed of or 
released on the subject property.
    The parcel is subject to reservations for road, public utilities 
and flood control purposes, both existing and proposed, in accordance 
with the local governing entities' transportation plans. No warranty of 
any kind, express or implied, is given by the United States as to the 
title, physical condition, or potential use of the parcel of land 
proposed for sale, and the conveyance of any such parcel will not be on 
a contingency basis. It is the buyer's responsibility to be aware of 
all applicable federal, state and local government policies and 
regulations that would affect the subject lands. It is also the buyer's 
responsibility to be aware of existing or prospective uses of nearby 
properties. Any land lacking access from a public road or highway will 
be conveyed as such, and future access acquisition will be the 
responsibility of the buyer.
    Federal law requires that conveyees must be: (a) A citizen of the 
United States 18 years of age or over; (b) a corporation subject to the 
laws of any State or of the United States; (c) a State, State 
instrumentality or political subdivision authorized to hold property; 
and (d) an entity legally capable of conveying and holding lands or 
interests therein under the laws of the State within which the lands to 
be conveyed are located. Where applicable, the entity shall also meet 
the requirements of paragraphs (a) and (b) of this section.
    On publication of this notice and until completion of the sale, the 
BLM is no longer accepting land use applications affecting the parcel 
identified, except applications for the amendment of previously filed 
right-of-way applications or existing authorizations to increase the 
term of the grants in accordance with 43 CFR 2807.15 and 2886.15. 
Encumbrances that may appear in the BLM files for the parcel proposed 
for sale are available for review during business hours, 7:30 a.m. to 
4:30 p.m., Pacific Time, Monday through Friday, at the Las Vegas Field 
Office.
    Proof of citizenship is evidenced by presenting a birth 
certificate, passport, or naturalization papers. Failure to submit the 
above requested documents within 30 days from the proposed sale offer 
shall result in the cancellation of the sale.
    The parcel may be subject to applications received prior to 
publication of this notice if processing the application would have no 
adverse effect on the marketability of title, or the FMV of the parcel. 
Encumbrances of records, appearing in the BLM public files for the 
parcel for sale, are available for review during business hours, 7:30 
a.m. to 4:30 p.m., Pacific Time, Monday through Friday, at the Las 
Vegas Field Office. Subject to limitations prescribed by law and 
regulation, and prior to patent issuance, a holder of any right-of-way 
within the parcel may be given the opportunity to amend the right-of-
way for conversion to a new term, including perpetuity, if applicable, 
or to an easement.
    BLM will notify valid existing right-of-way holders of their 
ability to convert their compliant rights-of-way to perpetual rights-
of-way or easements. Each valid holder will be notified in writing of 
their rights and then must apply for the conversion of their current 
authorization.
    Unless other satisfactory arrangements are approved in advance by a 
BLM authorized officer, conveyance of title shall be through the use of 
escrow. Designation of the escrow agent shall be through mutual 
agreement between the BLM and the prospective patentee, and costs of 
escrow shall be borne by the prospective patentee.
    Requests for all escrow instructions must be received by the Las 
Vegas Field Office prior to 30 days before the prospective patentee's 
scheduled closing date. There are no exceptions.
    BLM will not sign any documents related to 1031 Exchange 
transactions. The timing for completion of the exchange is the 
prospective patentee's responsibility in accordance with Internal 
Revenue Services regulations. BLM is not a party to any 1031 Exchange.
    In the event of a sale, the unreserved mineral interests will be 
conveyed simultaneously with the sale of the land. These unreserved 
mineral interests have been determined to have no known mineral value 
pursuant to 43 CFR 2720.0-6 and 2720.2(a). Acceptance of the sale offer 
will constitute an application for conveyance of those unreserved 
mineral interests. The purchaser will be required to pay a $50 non-
refundable filing fee for conveyance of the available mineral 
interests. In accordance with BLM's authority to conduct direct sales, 
BLM is borrowing some of the competitive bid procedures as set forth 
below. The purchaser will have until 4 p.m., Pacific Time, 30 days from 
the date of receiving the sale offer to accept the offer and submit a 
deposit of 20 percent of the purchase price, the $50 filing fee for

[[Page 45055]]

conveyance of mineral interests, and payment of publication costs to 
the Las Vegas Field Office. The purchaser must remit the remainder of 
the purchase price within 180 days from the date of receiving the sale 
offer to the Las Vegas Field Office. Payments must be received by 
certified check, postal money order, bank draft, or cashier's check 
payable to the U.S. Department of the Interior-BLM. Failure to meet 
conditions established for this sale will void the sale and any monies 
received will be forfeited. Arrangements for electronic fund transfer 
to BLM for the balance due shall be made a minimum of two weeks prior 
to the date you wish to make payment.
    The BLM may accept or reject any or all offers to purchase any 
parcel, or may withdraw any parcel of land or interest therein from 
sale, if, in the opinion of the authorized officer, consummation of the 
sale would not be fully consistent with FLPMA or other applicable laws 
or is determined not to be in the public interest.
    The parcel of land will not be offered for sale prior to 60 days 
from the date of publication of this notice. Only written comments 
submitted by postal service or overnight mail will be considered as 
properly filed. Electronic mail, facsimile, or telephone comments will 
not be considered.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Any adverse comments regarding the proposed sale will be reviewed 
by the BLM Nevada State Director, who may sustain, vacate, or modify 
this realty action and issue a final determination. In the absence of 
timely filed objections, this realty action will become the final 
determination of the Department of the Interior.

    Authority: 43 CFR part 2711.

    Dated: July 14, 2008.
Mary Jo Rugwell,
Manager, Las Vegas Field Office.
[FR Doc. E8-17615 Filed 7-31-08; 8:45 am]
BILLING CODE 4310-HC-P